Mr. Fish to Mr. Perez
Sir: Your note of the 15th ultimo, relative to the treaty between the United States and New Granada of the 12th of December, 1846, was duly received. Almost ever since, however, my attention has been so engrossed by other important business that it has been inpracticable to secure the leisure necessary to arrive at a satisfactory conclusion upon that subject. Now, however, I am happy to be able to announce that although literally and technically, pursuant to the clause of the 35th article of that instrument upon the subject, this government might hold that the application made by General Salgar for a revision of the treaty in anticipation of a lapse of the time fixed for its termination might be held to have brought about that result, the intentions of the parties at the time may, as you observe, be allowed to govern the question. General Salgar in his notice did not say that if his proposition should not be accepted the Colombian government would regard the treaty as at an end, and Mr. Seward does not appear to have received that proposition as a formal notice of termination. His silence upon the subject may fairly be construed as indicative of an opinion on his part that, so far as the interests of the United States were concerned, no change in the treaty was required, and the form of the application of Colombia may also be construed to imply that, although she might prefer the changes proposed in that application, she did not regard them as indispensable to its continuance. Under these circumstances it may be said [Page 248] to comport with the interests of both parties to look upon the treaty as still in full force, but as subject to revision or termination in the form and upon the terms stipulated.
The instrument, upon the whole, is believed to have been mutually advantageous. It is true that the flag of Colombia may not have as often been seen in the ports of the United States as that of the latter in the ports of Colombia. This, however, should not be imputed to any defect in the treaty, but rather to the different circumstances of the two countries. A principal object of New Granada in entering into the treaty is understood to have been to maintain her sovereignty over the Isthmus of Panama against any attack from abroad. That object has been fully accomplished. No such attack has taken place, though this Department has reason to believe that one has upon several occasions been threatened, but has been averted by warning from this Government as to its obligation under the treaty. This Government has every disposition to carry the treaty into full effect. If, in the opinion of Colombia, the Executive of the United States should have insisted upon a construction of the clause prohibiting the coasting trade of one country to the vessels of the other, incompatible with that equality in matters of trade and navigation which other articles of the instrument promise, the merchants of Colombia may on proper application to the courts of the United States have their rights under the treaty vindicated.
We heartily desire any practicable and advantageous increase in the commercial intercourse between the two countries, and are by no means so selfish as to prefer that this should be carried on exclusively under the flag of the United States, especially if we should have promised that Colombia may share therein on equal terms. Recent events, which it is needless to particularize, may have made the transit of the Isthmus of Panama less indispensable to communication between the Territories of the United States on the Atlantic and those on the Pacific than when the treaty was concluded. Similar events, however, may, it is hoped, soon impart increased activity to other traffic between the United States and Colombia to the mutual advantage of both countries.
I avail, &c.,